The Multiple Listing Service in Canada and the Competition Bureau.

Competition Bureau has challenged the Canadian Real Estate Association on access rights to the Realtor tool commonly know as the MLS system which is paid for from the fees paid by licensed Canadian real estate professionals in order to market properties to the consumers with the intent of driving business to listings and to real estate sales representatives.  Complaints have been filed with the Competition Bureau that it is unfair that homes being sold privately do not have access to this tool, and that is what puts the future of the MLS System into question as we know it today.

It is important to understand CREA’s position has always been and continues to be that its rules regarding it's members do not in any way prevent or restrict a vast range of business models. At this very moment there are 1000's and 1000's of properties listed on the MLS where each Listing agreement for services rendered are different from the next and the compensations can vary also. In CREA’s view, the consent agreement reflects this reality and would avoid unnecessary and expensive litigation proceedings.

The Board of Directors of the Canadian Real Estate Association (CREA) has entered into a consent agreement with the Commissioner of Competition regarding the application before the Competition Tribunal, subject to ratification by the CREA membership at its Special General Meeting in St. John’s on October 24, 2010.  This agreement will be held in escrow pending ratification by CREA members.

Since CREA's members built and paid for the MLS and it being the obvious best source for researching and finding properties for sale in Canada Sellers can expect to pay for that access accordingly.

Sellers if given access to advertise and represent themselves on the MLS by a Realtor/Brokerage with zero services from that Realtor/Brokerage other than posting that listing should expect to sign a lengthy indemnification acknowledgement. A trained professional backed up by the Brokerage's experience and legal department representing the Seller has typically been the norm.